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Chairman Kelley and Planning CoTunission Members <br />Mayor Peterson and City Council <br />City Administrator Bernhardson 3^ <br />From:Jeanne A. Mabusth, Building & Zoning Administrator <br />Date:July 3, 1991 <br />Subject: #1659 Big Island Inc., Record Lots 12 & 19, Big Island <br />Vacation - Public Hearing <br />Pertinent Ordinance -> <br />Section 10.12 - Applicant proposes vacation of unimproved <br />dedicated right-of-way as shown on Exhibit B. <br />List of Exhibits - <br />A - Application <br />B - Plat Map <br />C - Property Owners List <br />D - Wetland Map <br />E - Letter to DNR <br />F - Section of Orono Parks & Proposed Trail System <br />Based on earlier review comments of staff, applicants were <br />advised that the area of the unimproved alley could not be <br />Included within the dry buildable area needed to satisfy the 5 <br />acre standard for a day-use conditional use permit. <br />Required * 5 acres <br />Existing » 4.74 acres <br />Area of Unimproved Right-of-way <br />Total Area = 5.02 acres <br />.28 acres <br />Staff has reviewed the location of the dedicated right-of- <br />way in relation to the current ownership pattern, usage, <br />topography and adjacent wetlands and finds no public use for the <br />subject area. If there is a zoning density change at some time <br />in the future and new lot lines are defined, the City will <br />acquire drainage and utility easements at that time. The Park <br />Commission was asked to review the vacation request at their <br />2nd meeting. Staff has been advised that the Park Commission di <br />not address the vacation of the 20' alley and potential use of <br />the area for a bike trail. This application will be rescheduled <br />at the Park Commission meeting of August 6th. <br />The DNR has been asked to respond to the proposed vacation <br />of the 20' wide alley as it provides a public access to the <br />lakeshore. Vacation of all right-of-ways that provide public <br />access to the lake must be reviewed by the DNR. If staff receives <br />no written comments from Ceil Strauss by your meeting date, staff <br />will contact her office for conceptual direction.